§ 1263. Marks and labels on packages

Statutory text

Whoever knowingly ships into any place within the United States any package containing any spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes, unless such shipment is accompanied by copy of a bill of lading, or other document showing the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined under this title or imprisoned not more than one year, or both.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 1263
June 25, 1948, ch. 645, 62 Stat. 761
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 761
1968
Pub. L. 90–518 § 1 · 82 Stat. 872
1. Struck · 18 U.S.C. § 1263
  Pub. L. 90–518 struck out “of or package” after “any package”
2. Substituted · 18 U.S.C. § 1263
  Pub. L. 90–518 substituted “shipment is accompanied by copy of a bill of lading, or other document showing” for “package is so labeled on the outside cover as to plainly show”
Source evidence
Code amendment note
Pub. L. 90–518 struck out “of or package” after “any package” and substituted “shipment is accompanied by copy of a bill of lading, or other document showing” for “package is so labeled on the outside cover as to plainly show”.
Effective date note
Pub. L. 90–518, § 3, Sept. 26, 1968, 82 Stat. 872, provided that: “This Act [amending this section] shall become effective ninety days after the date of its enactment [Sept. 26, 1968].”
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796
Substituted · 18 U.S.C. § 1263
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
Enacted provision · exact public law section
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

1 of 4 references resolved to an enrolled provision · 3 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 390 (Mar. 4, 1909, ch. 321, § 240, 35 Stat. 1137; June 25, 1936, ch. 815, § 8, 49 Stat. 1930.)

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

References to Territory, District, etc., were revised and same changes made as in section 1264 of this title.

The provision that “such liquor shall be forfeited to the United States” was omitted as covered by section 3615 of this title, which was derived from section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors.

The provision that such liquor “may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law” was likewise omitted as covered by section 3615 of this title, which provides for seizure and forfeiture under the internal revenue laws rather than under provisions of law “for the seizure and forfeiture of property imported into the United States contrary to law” or, in other words, rather than under the customs laws. Section 224 of title 27, U.S.C., 1940 ed., Intoxicating Liquors, on which said section 3615 of this title is based, was derived from the Liquor Enforcement Act of 1936 (Act June 25, 1936, ch. 815, 49 Stat. 1928). Said section 224 included, in its coverage, section 390 of title 18, U.S.C., 1940 ed., on which this revised section is based, even though the Liquor Enforcement Act of 1936, in another section thereof, in amending said section 390, retained the provision that seizures and forfeitures thereunder should be under the customs laws. By eliminating this conflicting provision, a uniform procedure for seizures and forfeitures, under the internal revenue laws, is established under said section 3615 of this title.

Editorial Notes

Amendments1968–1994 · 2 rounds

1994

Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.

1968

Pub. L. 90–518 struck out “of or package” after “any package” and substituted “shipment is accompanied by copy of a bill of lading, or other document showing” for “package is so labeled on the outside cover as to plainly show”.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Pub. L. 90–518, § 3, Sept. 26, 1968, 82 Stat. 872, provided that: “This Act [amending this section] shall become effective ninety days after the date of its enactment [Sept. 26, 1968].”

Congressional Disclaimer of Intent To Preempt State Regulation of Shipments of Intoxicating Liquor

Pub. L. 90–518, § 2, Sept. 26, 1968, 82 Stat. 872, provided that: “Nothing contained in this Act [amending this section] shall be construed as indicating an intent on the part of Congress to deprive any State of the power to enact additional prohibitions with respect to the shipment of intoxicating liquors.”

Credits

1948–1994 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 761
1968Pub. L. 90–518, § 1, Sept. 26, 1968, 82 Stat. 872
1994Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.

Show as published

(June 25, 1948, ch. 645, 62 Stat. 761; Pub. L. 90–518, § 1, Sept. 26, 1968, 82 Stat. 872; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)